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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

EDP refusal but not due to conversion

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Daphne
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Case law is law and must be followed - guidance is only guidance and has no legal basis.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Jacqui -s - 07 May 2015 10:57 AM

Anyone successfully appealed?

I’ve not needed to appeal, I launch a recon and they amend the decision, usually they issue a second ESA3 for the retrospective period

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Andrew Dutton - 07 May 2015 01:35 PM

I have used this line of argument and have been told by DWP that they will not apply the case law until ESA guidance has been changed. I would have thought that case law was more persuasive than guidance. Also, taking that approach surely just gives them an incentive not to change the guidance at all…..

Their instruction is that it’s only reported decisions that they need to follow.